After hearing from representatives of the state Alcohol and Beverage Control (ABC) board and Arkansas Faith and Ethics Council, the Russellville City Council decided Thursday night private clubs in the city limits should not serve alcohol past 2 a.m.

Aldermen voted unanimously to have the second reading of the ordinance by title only with a short description. Then, following Alderman Robert Wiley's motion to adopt the ordinance, the council voted 7-1 to make the ordinance law in 30 days.

Ruelene Cothern, who has worked with the ABC for more than 25 years, was asked to talk to the council at last month's meeting. Thursday, prior to the regular meeting at the city hall, she explained the ABC has not granted permits to allow clubs or businesses that serve or sell alcoholic beverages until 5 a.m. for several years.

"They don't hand out 5 a.m. permits anymore," Cothern said. "The only ones issued now are 2 a.m. permits. There are different times for retail businesses, taverns, private clubs. A tavern, for example, can stay open until 1 a.m. through the week. Hotels and motels are 2 a.m. through the week, and 1 a.m. Saturday.

Cothern, answering a question from Alderman Cliff Kirchner, said 5 a.m. permits haven't been granted to businesses or clubs for several years. Such clubs or taverns that already had permits to serve or sell alcoholic beverages until 5 a.m. were grandfathered in, she said.

"I don't have any problems with my clubs," Cothern said. Aldermen were told during last month's meeting Cothern is responsible for making sure clubs and businesses meet ABC requirements on a regular basis. "I haven't had any complaints. You're always going to have a problem at any club with over-serving, but they really do try to watch people."

Cothern said the reason 5 a.m. permits were not given to clubs or businesses for several years was because there was "too much trouble," answering a question from Alderman Rick Harrell, who introduced the ordinance.

"I think this is reasonable, and a reflection of our community," Harrell said before making a motion to adopt the ordinance.

Cothern pointed out the North 40 club has crowds who work second shift, then come to the club because of its current hours of operation.

The owner of the North 40 was in attendance, but left the meeting before the ordinance was adopted. Alderman Tyrone Williamson noted he was told by the owner if the ordinance passed, he would open his club seven days a week instead of the current Thursday-Saturday nights.

Larry Page, executive director of the Arkansas Faith and Ethics Council, said a similar ordinance has been approved by councils in several other cities. He cited the 1983 case, Tom Post vs. the city of Fayetteville, that he said invited cities to enact stricter laws on private clubs, citing public safety and welfare.

"The city of Fayetteville realized there was serious problems with late-night drinking," Page said. "This is not rocket surgery. It's pretty simple. Late-night consumption of alcohol has been recognized to be problematic. What you're doing is supported by the (Arkansas) Supreme Court."

Before the vote, Kirchner said if the ordinance was passed, private clubs could be open more hours.

"The club that we're talking about is open three days a week," he said. "You're looking at from 2-5 a.m., about nine hours total. If we change it to 2 a.m. and they choose to stay open seven days a week, we think we could be solving a problem, but creating another one. I have a concern about that."

Voting in favor of the ordinance were Harrell, Wiley, Ronnie Tripp, Randal Crouch, Faye Abernathy and Tyrone Williamson. Kirchner cast the only vote against the ordinance.

Five permits in city limits

The ordinance prohibits the serving or consumption of mixed drinks, beer, wine or any alcoholic beverage in private clubs between 2-10 a.m. Any person convicted of violating the ordinance would be punished by a fine of $500 for each violation.

Private clubs are any business, establishment, person or entity recognized by or licensed as a private club by the ABC and licensed for the retail sale, distribution or on-premise consumption of alcoholic beverages.

The ordinance includes five establishments in the city limits that have private club permits:

"The city council ... determines the serving and consumption of alcoholic beverages in private clubs during the early morning hours increases the likelihood of disturbances and motor vehicle accidents," the final section of the ordinance states. "Prohibition (of) the serving and consumption of alcoholic beverages at private clubs during the early morning hours is necessary for the public health, safety and welfare; and the immediate passage of this ordinance is necessary to prohibit such serving and consumption of alcoholic beverages."

Russellville attorney Timm Murdoch, who represented three of the clubs in the city limits, addressed the council during its April 20 meeting and said the ordinance would have a significant impact on the North 40 and may cause the club and others to stay open additional days.

"The club feels they have taken a great number of steps over the years to deal with safety concerns," Murdoch said. "If all the clubs were open until two o'clock -- and everybody was leaving at the same time -- you may, in your own mind, solve one problem, but create another, and perhaps two more. One would be everybody leaving at the same time, the other, you may have clubs open for a greater number of days than what you have now."

'Skimming taxes

Aldermen Wiley and Tripp asked Cothern if she was aware of any restaurants, clubs or businesses that were "skimming taxes," or not reporting the exact inventory sold.

"There's some businesses that have sold $15, but taken in only $10," Tripp said. Cothern said she could investigate and get some better numbers if the council wished.

"We would love that," Tripp said.

"There's a lot of comments, or thoughts, that the receipts are not right," Tripp said after the meeting. "We've had a man who brought us information that receipts didn't match inventory that was brought in the back door."